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(a) The Commissioner, upon receiving the consent and approval of the Board of Estimate or its successor agency, may lease a suitable yard, yards, warehouses or other suitable enclosures to which any vehicle, box, barrel, bale of merchandise or other movable property removed under the authority of these Regulations shall be taken, and from time to time, he shall sell, or cause to be sold thereat, such vehicles, boxes, barrels, bales of merchandise or other movable property, as hereinafter provided.
(b) Whenever the Commissioner shall receive any vehicle bearing a motor vehicle license plate, he shall request from the public office or agency which issued such plate, the name and address of the registered owner of the vehicle with respect to which such plate was issued. The Commissioner, upon receipt of the name and address of the registered owner of any such vehicle, shall notify such registered owner by ordinary mail that such vehicle is held by the Commissioner. Upon receipt of any other movable property bearing a legible inscription or other identifying device setting forth the name and address of the owner or person lawfully entitled to possession thereof, or where the property is otherwise identifiable, the Commissioner shall notify such owner or person by ordinary mail that such movable property is held by the Commissioner. In any notification, given pursuant to these Regulations, the Commissioner shall include a brief description of such vehicle or movable property, the date of removal, the office at which to apply for redemption, and a statement of the right to sell, dismantle, destroy or otherwise dispose of the vehicle or property if, within twenty days after the removal of a vehicle and within 30 days after removal of any other property, a lawful claim thereto is not established in the manner provided by 16 RCNY § 1-05(c) below. Any notification required to be given by the provisions of this section shall be mailed prior to the first publication of the notice of sale provided for by 16 RCNY § 1-05(d).
(c) At such times as the Commissioner shall determine, he shall sell or cause to be sold at public auction for the best price which he can obtain therefor, any such vehicle or movable property which shall remain in his custody for a period of 30 days; as to any other property, after the date of removal and with respect to which no claimant has presented to the Commissioner prior to the expiration of such 20 or 30 day periods, respectively, proof establishing to the Commissioner's satisfaction such claimants ownership of or lawful right to possess such vehicle or property.
(d) Before making any such sale, the Commissioner shall give public notice thereof in the City Record for a period of 10 days. Such notice shall specify the time and place of such sale and shall contain a general description of the property to be sold, but no particular description of any article need be included therein.
(e) Whenever any vehicle or movable property shall remain unsold at public auction, the Commissioner, in his discretion, may re-offer such vehicle or property for sale at a subsequent public auction held pursuant to these Regulations or he may, without public notice, dismantle, destroy or otherwise dispose of such vehicle or property or any component thereof, without liability on the part of the City to the owner of or other person lawfully entitled to the possession of such vehicle or property, or to any other person having an interest therein.
(f) Any sale conducted pursuant to these Regulations shall be made at the time and place specified in such notice of sale by the Commissioner and shall be conducted by the Commissioner, or by any officer or employee of the Department designated by him, or by an auctioneer designated for such sale by the Commissioner.
(g) Immediately after the sale, the Commissioner shall pay the proceeds thereof to the Director of Finance and shall, at the same time, transmit to the Comptroller an itemized statement of the articles sold, with the price received for each article or lot, and a certificate of the costs and expenses incurred by him in making such sale. The Comptroller shall credit the General Fund with so much of the proceeds as equal the costs and expenses of such sale plus such an amount as may be estimated and fixed by the Commissioner as necessary to pay the cost of seizing, removing, and keeping or storing such property. The remainder of the monies realized from such sale shall be paid, without interest, to the lawful owners of the several articles or lots sold.
(h) Any payment to a person apparently entitled thereto, under the provision of these Regulations, shall be a good defense to the City against any other person claiming to be entitled to such payment, but if the person to whom such payment is made is not in fact entitled thereto, the person or persons to whom the same ought to have been paid shall recover the same, with interest and costs of suit, from the person or persons to whom the same shall have been paid.
(i) The owner or other person lawfully entitled to possession of any vehicle, box, barrel, bale of merchandise or other movable property removed from any public street and/or received by the Commissioner under the provision of these Regulations, may redeem such property at any time after such property is received by the Commissioner and prior to the sale, dismantling, destruction or disposal of such property pursuant to the provisions of these Regulations, upon presentation to the Commissioner of proof establishing to the Commissioner's satisfaction that such person seeking to redeem the same is its owner or lawfully entitled to possession thereof, and upon payment to the Commissioner of such sum as he may fix as necessary to pay the cost of seizing, removing and keeping or storing such property. The storage fee to be charged for storage of encumbrances from evictions shall be $2.50/day and the storage fee for containers seized as street encumbrances shall be $16.50/day. The Commissioner shall issue a Redemption Order to any person lawfully entitled to redeem property as provided under these Regulations. The Redemption Order shall include a notice that the property must be removed within 48 hours after the date of issuance of the Redemption Order, and if not removed the property will be subject to storage charges and subsequently sold at public auction. If a person does not remove the property within 10 days after the date of issuance of a Redemption Order, the Commissioner shall notify such person by ordinary mail of the date of the next scheduled public auction and that the property will be sold at public auction on such date if it is not removed. The Commissioner shall provide notice of such public auction in the City Record as set forth in 16 RCNY § 1-05(d) of these Regulations. After providing such notice by mail and publication, the Commissioner may sell or cause to be sold at public auction any property in his custody for which a Redemption Order has been issued by which property has not been removed. When such property remains unsold after a public auction the property may be disposed of in accordance with 16 RCNY § 1-05(e) of these Regulations.
(j) The procedures outlined in the preceding subdivisions of this section shall not apply to worthless, derelict, abandoned vehicles reported to the Department of Sanitation by the Police Department and other such unidentifiable property found on the streets. The Commissioner or his duly authorized representative is hereby empowered to declare any such derelict property as worthless and valueless and is authorized to dispose of such property at Department of Sanitation disposal points or, in his discretion, to have such derelict vehicles and other worthless property removed and disposed of by private contractors.
Appendix A:
Guidelines for Classification of Derelict Vehicles by Sanitation Department Employees
Guidelines for Classification of Derelict Vehicles by Sanitation Department Employees
(i) Definitions:
(A) Body damage shall mean a dented or crushed section 12 inches or more in length of any part of the vehicle.
(B) Deteriorated or dilapidated shall mean that the vehicle has any of the following: body rust, minor body damage, any interior damage or engine parts missing.
(C) Minor body damage shall mean a dent or crushed section less than 12 inches in length.
(D) Seriously burned shall mean one of the following: 75% of the interior of the vehicle is burned, 75% of the exterior is burned or the engine is burned.
(ii) The following criteria shall be used to determine whether an unoccupied or apparently abandoned vehicle should be classified as derelict.
(A) Any vehicle that has been seriously burned.
(B) Any vehicle without identification number (VIN), which has sustained damage or loss in four or more of the categories listed in subparagraph (iii) below.
(C) Any vehicle five (5) years old or newer vehicle, which has sustained damage or loss in four or more of the categories listed in subparagraph (iii) below.
(D) Any vehicle six (6) or seven (7) years old which has sustained damage in three or more of the categories listed in subparagraph (iii) below.
(E) Any vehicle eight (8) years or older which has sustained damage in one or more of the categories listed in subparagraph (iii) below, except that this definition shall not apply to the following luxury vehicles: Rolls Royce, BMW, Mercedes Benz, Jaguar, Porsche, Lamborghini, Ferrari and Lexus.
(iii) The following categories shall be used in determining whether a vehicle is a derelict:
(A) Nose missing, which shall require that at least 3 of the 4 following parts be missing: (hood, grill, front bumper, one (1) front fender).
(B) Door(s) and hood missing or damaged.
(C) Front end damage.
(D) Rear end damage.
(E) Any interior damage and glass damage.
(F) Door(s) and trunk lid missing or damaged.
(G) Engine or transmission missing.
(H) Damage to right or left side.
(I) Fire damage, other than seriously burned.
(J) Any vehicle eight (8) years or older that is deteriorated, or dilapidated.
(iv) The absence of any or all wheels shall not be considered as the sole basis for classifying a vehicle as derelict.
(v) The age of the vehicle will be determined by subtracting the model year from the current year.
(vi) The presence of glass damage shall not be considered as the sole basis for classifying a vehicle as derelict.
(vii) An unoccupied or apparently abandoned vehicle that does not satisfy the derelict vehicle criteria listed in subparagraph (ii) above shall be referred to the N.Y.P.D. Rotation Tow Program. Any vehicle with license plates affixed regardless of condition shall also be referred to the N.Y.P.D. Rotation Tow Program and shall not be classified as a derelict vehicle.
(viii) Special handling instructions for vehicles referred to the Department by another city agency for disposal as a derelict vehicle. Any luxury vehicle listed in item (E) of subparagraph (ii) above that is eight years old or older, has sustained damage in only one of the categories listed in subparagraph (iii) of paragraph (2) of this subdivision and has been referred to the Department by another city agency for disposal as a derelict vehicle shall be removed in accordance with the special handling instructions of the Director of the Derelict Vehicle Office.
(k) Nothing in these Regulations contained shall be deemed to authorize the summary removal of materials for any public work or improvement in course of construction.
(l) The provisions of these Regulations shall not apply to any lost or abandoned vehicle, box, barrel, bale of merchandise or other moveable property which shall be removed from the street and which may come into the possession or custody of the Police Department or which is in or may be given into the custody of the Property Clerk of such Department.
(a) Definitions. When used in this section.
(1) Derelict bicycle. The term "derelict bicycle" shall mean any bicycle, that is not a ghost bike, which is affixed to public property and also contains two or more of the following characteristics:
(i) the bicycle appears to be crushed or not usable;
(ii) the bicycle is missing parts essential to its operation, other than the seat and front wheel, including, but not limited to handlebars, pedal or pedals, rear wheel and chain;
(iii) the handlebars or pedals are damaged, or the existing forks, frames or rims are bent; or
(iv) fifty percent or more of the bicycle, which includes the handlebars, pedals and frames are rusted, along with any chain affixing such bicycle to public property.
(2) Ghost bike. The term "ghost bike" shall mean a bicycle that has been placed on public property and apparently intended as a memorial for someone who is deceased, and which may be painted white or have a sign posted on or near it, or flowers or other mementos in the basket.
(3) Public property. The term "public property" shall mean city property or property maintained by the city, or any public sidewalk or roadway, including, but not limited to any bicycle rack, light pole, bus pole, parking meter, tree, tree pit, railing or similar structure. For purposes of this section, public property shall include any bicycle rack installed by the department of transportation, its contractors, permittees or other entity authorized by the department of transportation. Public property shall not include those docks or stations installed under authority of the department of transportation's Bikeshare Program.
(b) In the event that a derelict bicycle is affixed to public property, a notice shall be affixed to the derelict bicycle advising the owner that such derelict bicycle must be removed within seven days from the date of the notice. This notice shall also state that the failure to remove such derelict bicycle within the designated time period will result in the removal and disposal of the derelict bicycle by the department of sanitation.
(c) Nothing in this section shall preclude the immediate removal of any bicycle, including, but not limited to, a derelict bicycle or ghost bike, or the taking of any other action by any city agency if the presence of such bicycle which creates a dangerous condition by restricting vehicular or pedestrian traffic, or otherwise violates the law.
(Amended City Record 8/26/2016, eff. 9/25/2016)
(a) Any commercial establishment generating an amount of waste over a period of seven consecutive days that may be contained in one twenty gallon container or any other container or containers having a volume of twenty gallons or less shall be considered infrequent waste or insignificant amounts of waste for purposes of subsection (c) of § 16-116 of the Administrative Code. Such commercial establishment need not comply with subsections (a) and (b) of § 16-116 of the Administrative Code.
(b) Nothing contained in this section shall affect any provision of law or other rule and regulation specifying what types of containers are authorized pursuant to any law, rules or regulations for deposit of any waste or refuse.
(c) Nothing contained in this section shall obligate or be considered as requiring the Department of Sanitation to provide collection service to any commercial establishment. Collection service shall be provided in accordance with the rules and regulations of the Department of Sanitation as promulgated pursuant to Section 753 of the Charter.
Uniform system of billing and acquiring security for collection services to premises with incinerators that have been sealed by order of the Environmental Control Board.
(a) (1) Any premise currently receiving collection service from the Department due to a "sealing" order of the Environmental Control Board that was issued prior to the promulgation of the rules and regulations herein will continue to receive such services provided that: Within 60 days of the promulgation of the rules and regulations herein the owner or authorized agent of the premises shall deposit as security with the Office of the Chief Clerk an amount equal to one third of the total money that was due to the Department for collection services rendered during the preceding twelve months. If the Department's charges for rendering the services herein increases, the owner or authorized agent will deposit as additional security an amount that equals the difference between one-third of the Department's revised costs for 12 months collection service and one-third of the figure referred to at 16 RCNY § 1-07(a)(1). This amount shall be deposited within 15 days after notice of the deficiency.
(2) Security furnished by any owner shall be maintained by the Commissioner and returned to the owner, less the cost of any unpaid balance due to the Department, upon written notice from the owner or authorized agent requesting a termination of services.
(3) The Department shall forward a monthly bill to the owner or agent at the address designated by the owner or authorized agent for the service rendered to such premises and payment shall be due within ten (10) calendar days of the date of the bill. If payment is not made within thirty calendar days, the Department shall terminate collection service upon ten (10) days written notice and apply that portion of the security to satisfying the outstanding bill or bills and such owner or agent shall remain responsible for any deficiency in payment not covered by the security deposit.
(b) (1) Any premise whose incinerator is sealed by an order of the Environmental Control Board contemporaneous with or subsequent to the promulgation of the rules and regulations herein must comply with the following in order to receive collection services: The owner or authorized agent shall: submit a written request for collection to the Office of the Chief Clerk at 125 Worth Street, which request shall include a written statement as to the estimated size, type and number of containers per week necessary to contain the refuse originating from such premises. Such estimate shall be subject to the Department's verification and may be increased or decreased according to such verification. The written request shall also include a statement as to the names, addresses, and phone numbers of the owner(s).
(2) The owner's or authorized agent's request pursuant to 16 RCNY § 1-07(b)(1) herein shall constitute its promise to pay for the collection services rendered by the Department.
(3) (i) The Commissioner or his designee shall then determine the estimated monthly cost of the collection service and shall notify the owner or agent of the estimated cost.
(ii) The owner or authorized agent shall deposit as security with the Office of Chief Clerk an amount equal to four times the monthly cost referred to at 16 RCNY § 1-07(b)(3)(i) above.
(iii) If the Department's charges for rendering the services herein increase, the owner or authorized agent will deposit as additional security an amount equal to the difference between the Department's current operating costs for rendering the requested collection service for four months less the amount described in 16 RCNY § 1-07(b)(3)(ii) above. This amount shall be deposited within 15 calendar days after notice of the deficiency.
(iv) Security furnished by any owner shall be maintained by the Commissioner and returned to the owner, less the cost of any unpaid balance due to the Department, upon written notice from the owner or authorized agent requesting a termination of services.
(4) The Department shall commence collection within five days after the condition precedents set forth in 16 RCNY §§ 1-07(a)(3) and 141(b)(3)(ii) have been satisfied. The Department shall forward a monthly bill to the owner or authorized agent at the address designated by the owner or authorized agent and payment shall be due within ten (10) calendar days of the date of the bill. If payment is not made within thirty (30) calendar days, the Department shall terminate collection service upon ten (10) days written notice and apply that portion of the security which satisfies the outstanding bill or bills. The balance of the security shall be returned to the owner or agent.
(2) The Department's monthly bill referred to at 16 RCNY §§ 1-07(a)(3) and 141(b)(4) herein shall be based upon the Department's expenses or costs for removing a specific number of a certain type and size container.
(3) Nothing contained herein shall give rise to any claim by any owner or agent for interest on any money deposited under these Rules and Regulations.
(a) Designated recyclable materials. Pursuant to § 16-305 of the New York City Administrative Code the following materials are designated as recyclable materials for purposes of this section:
(1) metal cans, metal items, aluminum foil, aluminum foil products, containers made of glass, beverage cartons, and rigid plastics (collectively referred to as designated recyclable metal, glass and plastic);
(2) newspaper, magazines, catalogs, phone books, mixed paper and corrugated cardboard (collectively referred to as designated recyclable paper); and
(3) organic waste, including yard waste.
This subdivision notwithstanding, designated recyclable paper and designated recyclable metal, glass and plastic items that are substantially soiled with food, paint or some other contaminating material shall not be considered a designated recyclable material.
(b) Implementation.
(1) The requirement that a specific designated recyclable material be source separated shall be scheduled and implemented by the Department on a citywide basis.
(2) Notwithstanding paragraph (1) of this subdivision, the source separation of yard waste and organic waste shall be required in the designated districts and on the designated timetable set forth in subdivision (k) of this section.
(3) Notwithstanding paragraph (1) of this subdivision, organic waste may be commingled with yard waste.
(c) All designated recyclable materials must be prepared and placed out for collection in the manner prescribed in this section on the collection day(s) that the Commissioner, in his/her discretion, designates for recycling in each recycling district.
(d) Determination of mechanized collection service. The Commissioner, after consultation with the owner, net lessee or person-in-charge of a residential building, may require that designated recyclable materials be collected from such building through mechanized collection service. Factors to be considered in imposing such a requirement include, but are not limited to:
(1) availability of space within the building or behind the property line for the storage of containers for mechanized collection;
(2) feasibility of Department access to such containers; and
(3) whether the quantity of designated recyclable materials generated is sufficient to warrant mechanized collection, as determined by the Commissioner. Every building shall receive curbside collection service for designated recyclable materials unless a determination pursuant to this subdivision has been made to collect such materials via mechanized collection service and such service has commenced.
(e) Recycling containers.
(1) Rigid containers for curbside recycling collection service:
(i) Rigid containers for designated recyclable paper: Designated recyclable paper may be placed out for curbside collection in rigid containers provided such containers are: (A) a minimum of 18 and a maximum of 55 gallons in capacity; (B) covered by a lid; and (C) clearly labeled with the words "Recycling: Mixed Paper", or some variation thereof, in letters no less than four inches in height. Alternatively, Department decals may be used to label containers. The Department recommends, but does not require, that rigid containers for curbside recycling collection of designated recyclable paper be green in color.
(ii) Rigid containers for designated recyclable metal, glass and plastic: Designated recyclable metal, glass and plastic may be placed out for curbside collection in rigid containers provided such containers are: (A) a minimum of 18 and a maximum of 55 gallons in capacity; (B) covered by a lid; and (C) clearly labeled with the words "Recycling: Metal, Glass and Plastic", or some variation thereof, in letters no less than four inches in height. Alternatively, Department decals may be used to label containers. The Department recommends, but does not require, that rigid containers for curbside recycling collection of designated recyclable metal, glass and plastic be blue in color.
(iii) Rigid containers for designated yard waste: Designated yard waste may be placed out for curbside collection in rigid containers, provided that such containers are: (A) a minimum of 13 and a maximum of 55 gallons in capacity and (B) clearly labeled with the words "Yard Waste" or some variation thereof, in letters no less than four inches in height. Alternatively, Department decals may be used to label containers.
(iv) Rigid containers for designated organic waste: Designated organic waste may be placed out for curbside collection in containers that are: (A) a minimum of 13 and a maximum of 55 gallons in capacity; (B) covered by a tight-fitting lid; and (C) clearly labeled with the words "Organic Waste" or some variation thereof, in letters no less than four inches in height. Alternatively, Department decals may be used to label containers. Containers for organic waste may be lined with a clear plastic bag.
(2) Plastic bags for curbside collection service:
(i) Plastic bags for designated recyclable paper: Designated recyclable paper consisting of mixed paper may be placed out for curbside collection in plastic bags, provided such bags are: (A) a minimum of 13 and a maximum of 55 gallons in capacity; (B) clear and not colored; and (C) constructed of low density polyethylene or linear low density polyethylene.
(ii) Plastic bags for designated recyclable metal, glass and plastic: Designated recyclable metal, glass and plastic may be placed out for curbside collection in plastic bags, provided such bags are: (A) a minimum of 13 and a maximum of 55 gallons in capacity; (B) clear and not colored; and (C) constructed of low density polyethylene or linear low density polyethylene.
(iii) Plastic bags for designated yard waste: Designated yard waste may be placed out for curbside collection in plastic bags, provided such bags are: (A) a minimum of 13 and a maximum of 55 gallons in capacity; (B) clear and not colored; and (C) constructed of low density polyethylene or linear low density polyethylene. Designated yard waste commingled with designated organic waste may not be placed out for collection in plastic bags.
(3) Containers for mechanized collection service of designated recyclable paper: Containers for mechanized collection must be capable of being serviced by Department collection vehicles. Containers used for mechanized collection of designated recyclable paper must be white in color. Containers must be clearly labeled to indicate designated recyclable paper may be properly placed therein. In conjunction with its determination to provide mechanized collection service under subdivision (d) of this section, the Department may supply additional specifications for containers for mechanized collection service, and shall provide information as to where containers that comply with Department specifications may be purchased.
(4) Paper bags for designated yard waste: Designated yard waste may be placed in two-ply wet strength stock (fifty pounds each ply) leak-proof paper bags. Such bags must not exceed 16 inches in length by 12 inches in width by 35 inches in height, and must have a minimum capacity of 30 gallons and a maximum capacity of 55 gallons. Designated yard waste commingled with designated organic waste may not be placed out for collection in paper bags.
(f) Responsibilities and pre-collection recycling procedures for owners, net lessees or persons-in-charge of residential buildings containing four or more dwelling units – curbside or mechanized collection service.
(1) Notice / Resident Education. The owner, net lessee, or person-in-charge of a residential building containing four or more dwelling units must be responsible for notifying the residents of such building of the requirements of the New York City Recycling Law (New York City Administrative Code, §§ 16-301 et seq.) by, at a minimum, posting and maintaining one or more signs in the storage area(s) required by paragraph (2) of this subdivision, and in other areas as required by this paragraph.
(i) Posted signs must set forth what materials are required to be source separated, the location of the building's designated recycling area where source separated recyclables will be stored, and how to dispose of such materials in that building, including the rinsing requirement as set forth in paragraph (g)(3) of this section. In buildings receiving curbside collection service in which residents are required to tie newspapers, magazines, catalogs, phone books or corrugated cardboard into bundles as set forth in subparagraph (h)(2)(i) of this section, such requirement must be included on the posted sign. Posted signs must be at least 8 1/2 by 11 inches in size and must use lettering of a conspicuous size.
(ii) The owner or person-in-charge of such residential building must also be responsible for making available to each resident at the inception of a lease a department-issued guide to recycling. Such recycling guide may be obtained from the department in print form or downloaded from the department's website. If the area designated for the collection and storage of designated recyclable materials is other than the regular solid waste collection area, the owner, net lessee or person-in-charge of the building must post a sign in the regular solid waste collection area informing residents of where to bring such materials.
(iii) In buildings in which the designated area for collection of recyclables is outside of the building, in lieu of posting a sign in such outside storage area, the owner, net lessee or person-in-charge of the building may post a sign or signs containing information required by this subdivision near the entrance to, or resident mailbox area(s) for, such building, or in some other public area in the building routinely visited by all building residents.
(iv) In buildings in which designated recyclable materials are collected at the back entrance of individual dwelling units or at locations other than the designated storage area, the owner, net lessee or person-in-charge must post a sign containing the information required by this subdivision at each such location.
(v) In buildings in which designated recyclable materials are collected at the front entrance of individual dwelling units, the owner, net lessee or person-in-charge must conspicuously post on each floor a sign containing the information required by this subdivision.
(2) Proper storage. The owner, net lessee, or person-in-charge of a residential building containing four or more dwelling units must, in accordance with all applicable laws, codes and rules and regulations:
(i) designate a storage area or areas in the building that is reasonably accessible to building residents for the pre-collection storage of designated recyclable materials. If reasonably accessible storage space is not available in the building, and such space is available behind the building's property line, such space behind the property line may be designated for the pre-collection storage of designated recyclable materials;
(ii) maintain the storage area(s) and store designated recyclable materials so as not to create a nuisance or sanitary problem; and
(iii) provide a sufficient number of recycling containers in each storage area so as to prevent spillover from containers and to avoid the improper disposal of designated recyclable materials. Such recycling containers must be clearly labeled with letters of a conspicuous size to indicate what designated recyclable materials may be properly placed therein, but are not required to comply with subdivision (e) of this section provided such containers are not placed at the curbside for collection. Storage areas need not be accessible to building residents in buildings in which designated recyclable materials are collected at individual dwelling units or at accessible locations other than the designated storage area.
(3) Separation of designated yard waste and designated organic waste. The owner, net lessee, or person-in-charge of a residential building containing four or more dwelling units must, in accordance with all applicable laws, codes and rules and regulations:
(i) designate a storage area or areas in the building that is reasonably accessible to building residents for the pre-collection storage of yard waste and organic waste. If reasonably accessible storage space is not available in the building, and such space is available behind the building's property line, such space behind the property line may be designated for the pre-collection storage of designated recyclable materials;
(ii) maintain the storage area(s) and store yard waste and organic waste so as not to create a nuisance or sanitary problem; and
(iii) provide a sufficient number of containers in each storage area so as to prevent spillover from containers and to avoid the improper disposal of yard waste and organic waste. Such recycling containers must be clearly labeled with letters of a conspicuous size to indicate that yard waste and organic waste may be properly placed therein, but are not required to comply with subdivision (e) of this section provided such containers are not placed at the curbside for collection. Storage areas need not be accessible to building residents in buildings in which designated recyclable materials are collected at individual dwelling units or at accessible locations other than the designated storage area.
(g) Responsibilities and pre-collection recycling procedures for owners, residents, net lessees and persons-in-charge of residential buildings, mixed-use buildings, and residential buildings receiving partial private carter collection service – Curbside or mechanized collection service: Owners, residents, net lessees and persons-in-charge of residential buildings, mixed-use buildings, and residential buildings receiving partial private carter collection service must:
(1) separate from other materials designated recyclable materials that are required to be recycled and must place such separated materials in the appropriate containers or as otherwise directed by the owner, net lessee or person-in-charge of such building in accordance with subdivision (f) of this section;
(2) place only designated recyclable materials in recycling containers; and
(3) rinse and/or clean food and/or residue from metal cans, glass containers, beverage cartons, rigid plastics, and aluminum foil and aluminum foil products prior to the placement of such materials in the appropriate containers. In addition, in buildings receiving curbside collection service for designated recyclable paper, owners, residents, net lessees and persons-in-charge must tie newspapers, magazines, catalogs, phone books and corrugated cardboard into bundles not exceeding eighteen inches in height, when notified of such requirement as set forth in paragraph (f)(1) of this section.
(h) Collection procedures for designated recyclable and other materials. The owner, resident, net lessee, or person-in-charge of a residential building must be responsible for the following. The responsibilities set forth in this subdivision shall also apply to residents of buildings containing three dwelling units or less in which as a matter of regular practice the resident is responsible for bringing his/her solid waste to curbside for collection:
(1) Designated recyclable metal, glass and plastic:
(i) Curbside collection service. Designated recyclable metal, glass and plastic (other than bulk metal or bulk plastic) that is collected for recycling via curbside recycling collection service must be placed at curbside in containers or plastic bags complying with subparagraphs (e)(1)(ii) or (e)(2)(ii) of this section on the day(s) specified for recycling collection by the Commissioner. Bulk metal and bulk plastic must be placed next to such containers on such days.
(ii) Mechanized collection service. Owners, net lessees or persons-in-charge must call their district garage to make arrangements for recycling collection of bulk metal and bulk plastic.
(2) Designated recyclable paper:
(i) Curbside collection service. Newspaper, magazines, catalogs, phone books and corrugated cardboard that are collected via curbside collection service must be placed out for collection in securely tied bundles. Bundles must not exceed eighteen inches in height. Mixed paper required to be recycled must be placed out for curbside collection in rigid containers or plastic bags complying with subparagraphs (e)(1)(i) or (e)(2)(i) of this section. Other designated recyclable paper (i.e., newspapers, magazines, phone books, and corrugated cardboard) must be placed out for curbside collection in such rigid containers or plastic bags or in securely tied bundles, which must not exceed eighteen inches in height. Corrugated cardboard must be broken into small pieces (no larger than 9 inches by 11 inches) before being placed into rigid containers or plastic bags.
(ii) Mechanized collection service. Designated recyclable paper that is collected via mechanized collection service must be placed in containers complying with paragraph (e)(3) of this section. Corrugated cardboard must be collapsed and placed into containers in a manner which will enable such material to fall freely from containers during collection. On the day of collection, containers must be placed in an area determined by the Commissioner to be accessible to Department vehicles.
(3) Designated yard waste and designated organic waste. On day(s) specified for recycling collection by the Commissioner, designated organic waste that is collected via curbside collection must be placed at curbside in containers complying with subparagraph (e)(1)(iv) of this section. Additionally, designated yard waste must be placed at curbside in containers complying with subparagraph (e)(1)(iii) of this section, plastic bags complying with subparagraph (e)(2)(iii) of this section, or paper bags complying with paragraph (e)(4) of this section or be commingled with designated organic waste in containers complying with subparagraph (e)(1)(iv) of this section.
(4) Materials that are not required to be source separated for recycling must be removed from both curbside and mechanized collection recycling containers and bags prior to recycling collection day.
(5) Designated recyclable materials.
(i) Designated recyclable materials that have been source separated as required by subdivision (g) of this section must not be placed out for collection in the same container as solid waste or organic waste.
(ii) Notwithstanding subparagraph (i) of this paragraph, designated yard waste may be placed out for collection in the same container as designated organic waste in accordance with subparagraph (e)(1)(iv) of this section.
(6) The owner of any residential building or mixed use building who has arranged for private carter removal service of all or some recyclables generated at such building pursuant to § 16-461 of the New York City Administrative Code, and seeks to reinstate department collection service for such recyclables at the building, must notify the department's Collection Office in writing requesting the restoration of department recycling collection service to the building not less than sixty days prior to the discontinuation of the building's private carter removal service for such recyclables.
(i) Compliance: Residential buildings of four or more dwelling units:
(1) Where the Commissioner, in his/her discretion, determines that the amount of designated recyclable materials placed out for collection by a residential building containing four or more dwelling units remains significantly less than what can reasonably be expected, the owner, net lessee, person-in-charge or residents of such building must use clear bags, or such other means of disposal as the Commissioner deems appropriate, for purposes of monitoring compliance with the New York City Recycling Law (New York City Administrative Code, §§ 16-301 et seq.) to dispose of solid waste other than designated recyclable materials.
(2) Where the Commissioner determines that the owner, net lessee, or person-in-charge of the building has complied with obligations set forth in subdivision (f) of this section and the amount of designated recyclable material placed out for collection remains significantly less than what can reasonably be expected from such building, then, upon request of the owner, net lessee, or person-in-charge, the Commissioner shall, in consultation with the owner, net lessee or person-in-charge, develop a schedule to conduct random inspections in the building to facilitate compliance with this section by residents of such building. Such random inspections shall occur at a reasonable time and may include, but are not limited to, inspections of the solid waste placed out for collection in transparent bags set forth in paragraph (1) of this subdivision. Nothing herein shall limit the Commissioner's authority pursuant to § 16-305(g) of the New York City Administrative Code to conduct lawful random inspections at reasonable times without notice to ensure compliance by the owner, net lessee, person-in-charge or resident of such building.
(j) Enforcement: Any owner, net lessee, person-in-charge or resident who violates any provision of this section shall be liable for civil penalties as set forth in § 16-324 of the New York City Administrative Code.
(k) Designation of districts for the required source separation of designated yard waste and designated organic waste. Pursuant to § 16-308.1 of the New York City Administrative Code, the commissioner designates the following districts that will be required to source separate yard waste and organic waste on or after the dates specified in this section:
(1) all districts in the borough of Queens (14 districts) on the effective date of this rule.
(2) all districts in the borough of Brooklyn (14 districts) on October 2, 2023.
(3) all districts in the boroughs of Staten Island (3 districts), the Bronx (12 districts) and Manhattan (12 districts) on October 6, 2024.
(Amended City Record 2/5/2016, eff. 8/1/2016; amended City Record 5/31/2023, eff. 6/30/2023; amended City Record 9/21/2023, eff. 10/21/2023; amended City Record 5/21/2024, eff. 6/20/2024)
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